GilesFiles, Author at GilesFiles

Independent contractor relationship: Broker or client?

Posted by GilesFiles | Jun 29, 2001 | 2014 and earlier, 2015 and earlier, Causes and defences, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, Landmark judgments, LRA 198 Temporary employment services, Parties, Retired judges, Statutes (LRL 2)-work, Topics |

LAD Brokers (Pty) Ltd v Mandla This is a significant judgment concerning the nature of an independent contractor relationship and whether it applies to the labour broker or the client. Interpreting LRA s198(3) the labour appeal...

Policy determination assessed: Different meanings

Posted by GilesFiles | May 17, 2001 | 2014 and earlier, Appeals, Causes and defences, Courts, Declaratory, EEA Regulations, Hospitality, Insights, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Private enterprises, Regulations, Retired judges, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics |

Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd Policy determination assessed by SCA and in disallowing an appeal from the full bench of the High Court in the Western Cape it was ‘submitted’ that the...

Cancelling contract for malperformance: Balancing interests?

Posted by GilesFiles | Sep 14, 2000 | 2014 and earlier, AB - Law generally, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Trade, Unlawful and void |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Awarding adequate compensation: Error of law

Posted by GilesFiles | Mar 3, 2000 | 2014 and earlier, Causes and defences, Compensation or damages, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, MJD Wallis, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Risk management not punishment: Not moral outrage

Posted by GilesFiles | Mar 3, 2000 | 2014 and earlier, 2015 and earlier, AB - Law generally, AB1 - Fairness principle or concept, Conduct & capacity, Courts, Insights, Judges, Labour Appeal Court, LAC judges, Landmark judgments, Protect not punish, Retired judges, Risks, Termination (LRL 8), Trust & confidence |

De Beers Consolidated Mines v CCMA (JA68/99) [2000] ZALAC 10; [2000] 9 BLLR 995; (2000) ILJ 1051 (LAC) (3 March 2000) per Conradie JA [Zondo AJP dissenting and Willis JA concurring on different grounds] The Labour Appeal Court...

Author: GilesFiles

Independent contractor relationship: Broker or client?

Policy determination assessed: Different meanings

Cancelling contract for malperformance: Balancing interests?

Awarding adequate compensation: Error of law

Risk management not punishment: Not moral outrage